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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bill Of Sales and repossession of goods - NOTE: much of this is now out of date - dx 2016

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cctv engineer

cctv engineer

Posted
Posted

OFT COMMENTARY ON BILLS OF SALE*

In researching the area of car finance two authorities gave us details of cars being sold under a Bill

of Sale. We have looked at the Bills of Sale Acts (BSA) and their interaction with consumer credit

legislation and the Office's view is set out below. We have also researched how to check if a Bill of

Sale has been registered.

Royal Courts of Justice

The Bill of Sale must be witnessed and registered at the Royal Courts of Justice, in the time and

manner set out in the BSA, otherwise it will be void and cannot be treated as a licence to take

possession. You can check if this has been carried out by making a written request to the Court

and paying £5 or visiting there in person and searching the register for free. To search you need to

know the name of the borrower, their address and the year of registration.The entries in the

register are made alphabetically in the name of the borrower.

The address is:

Room E17, East Block Ground Floor, Royal Courts of Justice, Strand, London WC2A 2LL**

Bills of Sale Acts

As we understand the position –

a. Buying a car under a bill of sale will be a regulated consumer credit agreement

b. The goods will not become ‘protected’ in the same way as for hire-purchase agreements

(for which section 90 of the Consumer Credit Act 1974 provides that if the consumer has

paid one-third or more of the total price of the goods, the creditor cannot recover

possession except by judicial proceedings or consent).

c. However, the creditor will not be able to enforce the security unless he has first served a

default notice under section 87 of the Consumer Credit Act 1974 and this has expired (after

not less than 14 days) without remedy or the debtor applying to the court for relief.

d. If the creditor repossesses without a valid default notice, the consumer may apply for an

injunction or a time order, or seek damages for breach of contract.

On this basis, whilst the consumer will have less protection under a bill of sale than under a hirepurchase

agreement, he will not be completely unprotected, and the creditor will be at risk of

licensing action if he acts unfairly.

In addition –

e. The bill of sale is given as security, and where this is provided in relation to a regulated

consumer credit agreement it must comply with section 105 Consumer Credit Act 1974.

f. The credit agreement must embody any security, by virtue of regulation 2(8) of the

Consumer Credit (Agreements) Regulations 1983. A document embodies a provision if the

provision is set out in it or in another document referred to in it (a bill of sale will usually be

incorporated by reference).

g. The debtor must be provided with a copy of the bill of sale, pursuant to sections 62 and 63

Consumer Credit Act 1974, since this is a document referred to in the credit agreement.

h. If the bill of sale does not comply with section 105 of the Act it will be unenforceable by

virtue of section 106. Furthermore, if the credit agreement does not comply with the

Consumer Credit Act 1974 so that it is unenforceable, this will preclude the exercise of any

remedies under the bill of sale (except pursuant to a court order where relevant).

i. The bill of sale must also comply with the statutory provisions in the Bills of Sale Acts. In

particular, it must be in the form given in the schedule to the Bills of Sale Act (1878)

Amendment Act 1882, otherwise it will be void and cannot be treated as a licence to take

possession.

j. The bill of sale must also be witnessed and registered (at the relevant department of the

Supreme Court) in the time and manner set out in the Bills of Sale Acts, otherwise it will be

void in respect of the chattels comprised in it.

1

k. In practice, the majority of such bills of sale may well be unenforceable because the

provisions of the Bills of Sale Acts are unlikely to have been followed, and even if they

have, the relevant requirements of the Consumer Credit Act 1974 must also be satisfied.

l. The bill of sale and related credit agreement may also be susceptible to action under the

Unfair Terms in Consumer Contracts Regulations 1999 or under the extortionate credit

bargain provisions of the Consumer Credit Act 1974.

m.Whether title can pass to a third party where there is a valid bill of sale will depend upon

whether the bill transfers legal or equitable title to the grantee, and each case would need

to be looked at on its facts.

The Bills of Sale Acts are unduly complex and outdated, and should be reviewed – as

recommended by the Crowther Committee in 1971. We suspect however that BERR will be

unwilling to include this in the current Consumer Credit Act 1974 Review unless there is clear

evidence of consumer detriment. You may wish to bring your concerns to the BERR’s attention by

writing to –

Consumer Affairs Directorate, Department of Business, Enterprise and Regulatory Reform, 1

Victoria Street, London SW1H 0ET

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Nicky Bodmin

Nicky Bodmin

Posted
Posted

Its covered in the BOS Act she would have an equitable ownership on the car. Lets face it no matter what they are governed by they just simply ignore it all. They will only listen eventusally to a court order asking to return the car.

I would suggest to go straight to the courts ask advice and then make an application to the judge to put an order on the car to stop them selling it.

An injunction, the court staff are =very helpful and will point you in the right dirrection.

It will allow you time to get legal help, you could even get the car returned if you have enough proof of ownership.

Just walk in to the courts and ask for help.

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postggj

postggj

Posted
Posted

I Agree But I Need To See The Relevent Section In Bos Act Before I Advise A Return Of Goods Order

 

I Do Not Like Ending Up With Egg On My Face

 

I Just Need A Link Or A Cut And Paste Of The Legislation On Bos And Third Party Repo

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Nicky Bodmin

Nicky Bodmin

Posted
Posted
so you have your car and you do not have a fight with lbl ???

Yes I have my own fight as we speak, action is happeniong now. I cant say untill I have heard back. If sucessful will be a major break through for all.

Will post when I here

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postggj

postggj

Posted
Posted
Hi i am not off topic. the bill of sale in the post i have just proved to be void in court. and that type can not be used.

 

 

I TOTALLY AGREE BUT ITS MY QUESTION ABOVE THAT IS RELEVANT IN THIS CASE

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cctv engineer

cctv engineer

Posted
Posted
Yes I have my own fight as we speak, action is happeniong now. I cant say untill I have heard back. If sucessful will be a major break through for all.

Will post when I here

 

 

fair enough i will leave the topic alone. but i will leave with this. only 8 people have ever won with a bill of sale. me being one of them. that bill of sale listed in void in every way as a bill of sale. i have oft come to my house after court for statement. a total of 200 miles.

 

but at the end of the day you are fighting a bill of sale and NOT a credit aggrement.

i have posted on this forum for people to pm me so as i can let them know what makes it void. do you know how many people pm me .......NONE

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postggj

postggj

Posted
Posted

I Agree

 

Ive Spent The Last Two Hours Looking At The Legislation Ref Bos

 

Remember

 

Bos Are Secured On The Car, Not On The Owner, Whoever And When Ever That May Be

 

Thats Why I Need To Quote The Correct Legislation In My Post 197

 

Thats All Ime Asking

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postggj

postggj

Posted
Posted
fair enough i will leave the topic alone. but i will leave with this. only 8 people have ever won with a bill of sale. me being one of them. that bill of sale listed in void in every way as a bill of sale. i have oft come to my house after court for statement. a total of 200 miles.

 

but at the end of the day you are fighting a bill of sale and NOT a credit aggrement.

i have posted on this forum for people to pm me so as i can let them know what makes it void. do you know how many people pm me .......NONE

 

 

CCTV ENGINEER

 

AS YOU PROB GUESSED CAR FINANCE IS MY AREA

 

WHAT YOU HAVE SAID TO ME TODAY IS DYNAMITE REF COURT ORDER IF I CAN ONLY GET IT CONFIRMED

 

PLEASE DO PM ME ON WHAT MAKES A BOS VOID INCASE IVE MISSED ANYTHING

 

ITS A LEARNING GAME FOR EVERY ONE

 

EVEN ME:D

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Nicky Bodmin

Nicky Bodmin

Posted
Posted

My case is diff the BOS is the security for the credit agreement that is the security on the car. I didnt have a lone with the company so that is a breech of sec 5 the BOS act.

You cant just put a CA abnd a BOS on anyone elses car but your own.

If the car doesnt belong to the borrower then the BOS is not actionable is it. But tyhe CA is still inforce. Its the only sec of the Act that voids the BOS and leaves the CA in tact. Read sec 5

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Nicky Bodmin

Nicky Bodmin

Posted
Posted

Yes thats correct it is secured on the car.

A BOS is the document used in conjunction with a CA and that then makes it a securedn loan. If there is no BOS there is no secured loan.

If the CA is not that of the owner of the car then the BOS is not actionable then it just becomes a normal unsecured loan.

Can you see what Im saying.

Most of the points that void a BOS will also challenge the CA.

Sec 5 just will remove the BOS.

Like wise if the CA is not enforcable the BOS becomes Void to.

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postggj

postggj

Posted
Posted
Yes thats correct it is secured on the car.

A BOS is the document used in conjunction with a CA and that then makes it a securedn loan. If there is no BOS there is no secured loan.

If the CA is not that of the owner of the car then the BOS is not actionable then it just becomes a normal unsecured loan.

Can you see what Im saying.

Most of the points that void a BOS will also challenge the CA.

Sec 5 just will remove the BOS.

Like wise if the CA is not enforcable the BOS becomes Void to.

 

 

BANG ON AS THE TWO ARE LINKED

 

ONE TAINTS THE OTHER

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cctv engineer

cctv engineer

Posted
Posted
My case is diff the BOS is the security for the credit agreement that is the security on the car. I didnt have a lone with the company so that is a breech of sec 5 the BOS act.

You cant just put a CA abnd a BOS on anyone elses car but your own.

If the car doesnt belong to the borrower then the BOS is not actionable is it. But tyhe CA is still inforce. Its the only sec of the Act that voids the BOS and leaves the CA in tact. Read sec 5

 

 

HI nicky. i was in the same posion as you. you are NOT covered by a credit agreement. a credit agreement does not overtake a bill of sale.

 

now even that your details were stolen for your car. money still changed hands under a bill of sale. this even if it is hard to understand gives the lender right to your car. and you have to go after the guy who used your details. Nicky i am going to pm you my number so as i can tell you the problem with your bos. if i post it lbl will find out and change it (closing the door for others)

http://www.bis.gov.uk/assets/biscore/corporate/docs/migrated-consultations/a%20better%20deal%20for%20consumers%20consultation%20on%20proposals%20to%20ban%20the%20use%20of%20bills%20of%20sale%20for%20consumer%20lending.pdf

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Nicky Bodmin

Nicky Bodmin

Posted
Posted

yes thats correct.

So because the person who has just had car taken not knowing there was a loan on it has to challenge the BOS then the CA still falls back onto the person who's name its in.

LBL will do what ever they want they are governed by rules and regulations just like all financial institutes but they ignore all.

For every 100 they take only a few will fight it, and thats why they do it.

British people dont fight they believe what they are told and thats the prob

Fo

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postggj

postggj

Posted
Posted

Negative On That

 

I Have That Confirmed From The Oft

 

At The End Of The Day A Credit Agreement Was Signed Be It Secured By A Bos Or Not But If The Credit Agreement Is Crap, So Is The Bos

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